Davis v. State

Banke, Presiding Judge.

This is an appeal from an order denying appellant’s plea of former jeopardy. Jonathan Wesley Davis, the appellant, was indicted for the rape of a 15-year-old girl, who was subpoenaed as a prosecution witness and present on the first scheduled day of trial but absent the following morning, when she was scheduled to testify. Because of her absence, the trial court, over the appellant’s objection, granted the state’s motion for mistrial. Appellant later filed his plea of former jeopardy. Held:

An order denying a plea of double jeopardy is appealable without resort to an…